Hadiya marriage: Kerala govt rubbishes NIA’s shocking claims

coastaldigest.com news network
October 7, 2017

Kasaragod, Oct 7: The Kerala state government has  Kerala rejected the claims made by the Centre's National Investigation Agency (NIA) in the Supreme Court that the Hadiya case, involving conversion of a Hindu woman to Islam and her marriage to a Muslim man, is part of a “pattern” of religious conversions and radicalisation happening in the southern State.

In fact, Pinarayi Vijayan-led CPI (M) government said the Kerala Police was doing an “efficient” job investigating the Hadiya case until the Supreme Court intervened and, believing the NIA’s claims, transferred the investigation to the central agency.

In an affidavit filed in the Supreme Court, the Kerala government said the investigation conducted by the State Police had not revealed any offences which warranted an NIA probe.

"The investigation conducted so far by the Kerala Police has not revealed any incident relating to the commission of any scheduled offences to make a report to the Central Government under Section 6 of the National Investigation Agency Act, 2008," the affidavit filed by Subrata Biswas, the State's Additional Chief Secretary, Home Department, said under oath to the Supreme Court.

The State questioned the sudden transfer of the case to the NIA, saying the State Police Chief had already entrusted the investigation to the Additional Director General of Police (Crimes) and directed to constitute a Special Investigation Team.

A comprehensive probe was already on into various aspects, including the conversion of the woman to Islam, the religious institutions and persons involved, the persons she was in contact, the family background and criminal antecedents of the man she married to, Shafin Jahan, the financial arrangements and other details of their alleged marriage, and finally, if the case involved any attempts of trafficking Hadiya to outside the country.

"The Kerala Police had conducted a thorough investigation in an efficient manner. The Kerala Police is competent to conduct the investigation in such crimes and would have reported to the Central government if any scheduled offences were found to have been committed as per the provisions under the NIA Act," the affidavit said.

On August 16, when the case was transferred to the NIA, then Chief Justice of India J.S. Khehar made a blunt remark to the Kerala government counsel that "we think you (Kerala Police) may take sides. So we asked the NIA for their inputs’’.

The court had wanted the NIA to give inputs after going through the files of the Hadiya case. Additional Solicitor General Maninder Singh, for NIA, had then returned to submit to the court that the Hadiya case was "not an isolated case and we have come across another case with a similar pattern and involving the same people who are acting as instigators".

However, the Supreme Court Bench on October 3, this time led by Chief Justice Dipak Misra, had done a virtual U-turn by questioning the August 16 order for NIA probe.

The Bench led by Chief Justice Misra also prima facie found that the Kerala High Court had no authority to annul the inter-religious marriage between Jahan and Hadiya.

“The order for NIA investigation strikes at the very foundation of multi-religious society... Two senior BJP functionaries have married members of minority communities,” senior advocate Dushyant Dave and advocate Haris Beeran, for Jahan, had argued.

The apex court had further questioned the legality of girl's father keeping her in his custody for the past several months.

“We will hear logical and legal arguments on two issues — can the HC nullify a marriage exercising jurisdiction under Article 226 and was an NIA probe necessary,” Chief Justice Misra had observed, posting the case for hearing on October 9

Comments

Abdullah
 - 
Sunday, 8 Oct 2017

Narendra Investigation Agency(NIA).

 

They plan Allah plan, and Allah plans. Surely Allah is the Best of Planners. -Qur'an 8:30

Ibrahim
 - 
Saturday, 7 Oct 2017

The same strategy they used in Dr. Zakir Naik's matter. NIA targeting ZN

Sooraj
 - 
Saturday, 7 Oct 2017

True.. NIA taking biased decisions. Many cheddi people visited Hadiya's house but even friends cant go to her house because of security restrictions

Kumar
 - 
Saturday, 7 Oct 2017

NIA working as Modi's right hand.. 

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News Network
March 20,2020

Thiruvananthapuram, Mar 20: One more person tested positive for coronavirus on Thursday, taking the total number of cases to 25, as the Left government announced a Rs 20,000 crore financial package to tide over the present crisis being faced by the southern state in the wake of the virus outbreak.

The multi-crore special package includes Rs 500 crore health package, Rs 2,000 crore loans and free ration.

The man who tested positive had returned from Dubai and hailed from the northern Kasaragod district, Chief Minister Pinarayi Vijayan told reporters after a COVID-19 review meeting.

He said 65 people were hospitalised on Thursday.

"At least 31,173 people are under surveillance, of whom 237 are in observation in hospitals across the state" he said.

Detailing the financial package, Vijayan said loans worth Rs 2,000 crore would be made available to needy families through all-women network 'Kudumbashree' during April-May.

Rural employment guarantee programmes worth Rs 1,000 crore each will be implemented in April-May, he said.

Social security pension of Rs 1,320 crore, to be given in April, would be distributed this month, he said, adding that 50 lakh people are benefited through the pension scheme.

Those belonging to the below poverty line (BPL) and Anthyodaya, who are not receiving social security pension, would be given Rs 1,000 each, for which Rs 100 crore would be earmarked.

Cutting across APL and BPL families, 10 kg free ration would be given and Rs 100 crore would be set apart for the purpose, he said.

A string of 1,000 low-cost hotels, providing food at Rs 20, would be opened across the state next month, the chief minister added.

The 'fitness' charges of autorickshaws and taxis and one month tax of stage and contract carriages would be waived, Vijayan said.

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Wafa Sultana
April 4,2020

Over the last couple of days when the world was occupied with unifying efforts to fight the deadly Covid19 pandemic, sections of Indian media provided viewers a familiar scapegoat – the Indian Muslims – who are often stereotyped as a community being constantly at loggerheads with the citizenry and the State. Biased media channels were quick to resort to blaming the entire Muslim community for the spread of the disease in the country, thanks to an ill-timed Tablighi Jamaat gathering at its international headquarters in Delhi’s Nizamuddin. Unsurprisingly, the opprobrium was also marked by a sudden spike in WhatsApp forwards of videos with people wearing skullcaps licking spoons and performing Sufi breathing rituals, suggesting some sort of wild conspiracy on the part of the community to spread the virus.  Some media channels were quick to formulate, hypothesize and provide loose definitions of a newly discovered form of Jihad i.e. ‘Corona Jihad ’ thereby vilifying the Islamic faith and its followers.

While the investigation on the culpability of the organizers of the Nizamuddin event is still ongoing, there is enough information to suggest that the meeting was held before any lockdown was in force, and the problem began when there was no way of getting people out once the curfew was announced. Be that as it may, there is little doubt that organizing a meet of such a scale when there is a global pandemic smacks of gross misjudgment, and definitely the organizers should be held accountable if laws or public orders were defied. Attendees who attempt to defy quarantine measures must be dealt with strictly. However, what is alarming is that the focus and narrative have now shifted from the unfortunate event at Nizamuddin to the Tablighi Jamaat itself.

For those not familiar with the Tablighi Jamaat, the organization was founded in 1926 in Mewat by scholar Maulana Mohammad Ilyas. The Jamaat’s main objective was to get Muslim youth to learn and practice pristine Islam shorn of external influences. This is achieved through individuals dedicating time for moral and spiritual upliftment secluded from the rest of the world for a brief period of time. There is no formal membership process. More senior and experienced participants typically travel from one mosque to other delivering talks on religious topics, inviting local youth to attend and then volunteer for a spiritual retreat for a fixed number of days to a mosque in a nearby town or village to present the message to their co-religionists. Contrary to ongoing Islamophobic rhetoric, the movement does not actively proselytize. The focus is rather on getting Muslims to learn the teachings and practices of Islam.  This grassroots India-based movement has now grown to almost all countries with substantial Muslim populations. Its annual meets, or ‘ijtemas’ are among the largest Islamic congregations in the world after the annual Haj. One of the reasons for its popularity and wide network in the subcontinent and wordwide is the fact that it has eschewed the need for scholarly intervention, focusing on peer learning of fundamental beliefs and practice rather than high-falutin ideological debates. The Tablighi Jamaat also distinguishes itself from other Islamic movements through its strictly apolitical nature, with a focus on individual self-improvement rather than political mobilization. Hardships and difficulty in the world are expected to be face through ‘sabr’ (patience) and ‘dua’ (supplication),  than through quest for political power or influence. In terms of ideology, it is very much based on mainstream Sunni Islamic principles derived from the Deobandi school.

So, why is all this background important in the current context? While biased media entities have expectedly brought out their Islamophobic paraphernalia out for full display, more neutral commentators have tried to paint the Tablighi Jamaat as a fringe group and have tried to distance it from 'mainstream Muslims'. While the intent is no doubt innocent, this is a trap we must not fall into. This narrative, unfortunately, is also gaining ground due to apathy some Muslims have for the group, accusing it of being “disconnected from the realities of the world”. Unlike other Muslim organizations and movements, the Tablighi Jamat, by virtue of its political indifference, does not boast of high-profile advocates and savvy spokespersons who can defend it in mainstream or social media.  The use of adjectives such as 'outdated' and 'orthodox' by liberal columnists to describe the Jamaat feeds into the malignant attempt to change the narrative from the control of the spread of the pandemic due to the Nizamuddin gathering to 'raison d'etre' of the organization itself.

A large mainstream religious group like the Tablighi Jamaat with nearly a hundred-year history, normally considered to be peaceful, apolitical and minding its own business is now suddenly being villainized owing to unfortunate circumstances. Biased media reactions filled with disgust and hate seem to feed the Indian public conscience with a danngerous misconception - to be a nominal Muslim is okay but being a practicing one is not.  For those committed to the truth and fighting the spread of Islamophobia, the temptation to throw the entire Tablighi Jamaat under the bus must be resisted.

The writer is a lawyer and research scholar at Qatar University. Her research interests include Islamic law and politics.

Comments

zahoorahmed
 - 
Saturday, 4 Apr 2020

great article! provides a great perspective on tableeg jamat

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News Network
April 16,2020

Bengaluru, Apr 16: The Karnataka government on Wednesday identified 14 departments as essential and asked all its employees to attend work during the extended period of lockdown to check coronavirus spread in the state.

According to a circular issued by Chief Secretary TM Vijay Bhaskar, all classes of officials/employees in these departments must attend to their work.

The departments are: Health and Family Welfare, Medical Education, Home, Revenue, Rural Development and Panchayat Raj, Urban Development, Food, Civil Supplies and Consumer Affairs, Information and Public Relations, Transport, Energy, Personnel and Administrative Reforms (e-Governance), Finance (including treasuries), Animal Husbandry and Fisheries and Forest, Ecology and Environment.

In all other departments, only Group-A officers have been directed to report for duty.

However, those visually-impaired or physically-

handicapped are exempt from work, the circular said, adding that this norms will be valid till April 19.

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